Terms Of Service Agreement
Welcome to the Sealed Wish web site. These terms of service (referred to in this document as “TOS”) govern all use of the Sealed Wish web site www.sealedwish.com (referred to in this document as “Site”), including interactive resources such as user profiles, audio/visual platforms, messaging features, resources, support, data storage, and other features of the Site (which we call collectively the “Communication Platform”). The following terminology applies to these TOS. Account owner, membership, you or your all refer to you. Recipient, Activation Key Holder, Administrator, Backup Contact all refer to others accessing your account or plans. The Company, ourselves, we, us, and Sealed Wish all refer to our Company.
These TOS also govern your membership in Sealed Wish. Please read these TOS carefully as they contain important information regarding your legal rights and obligations.
By using the Site, by registering with Sealed Wish, and/or by becoming a member, Recipient, Backup Contact, Key Holder, or Administrator of Sealed Wish, you agree to be bound by these TOS. Sealed Wish reserves the right, in its sole discretion, to change, modify, add to, or delete from these TOS at any time by posting a revised version of these TOS on this page . Each version of these TOS will indicate at the top of this page the date they were last revised. Your continued use of the Site, your subsequent registration or entry into membership, or any payment, renewal payment or activation of the Site after any revised version of these TOS is posted constitutes your acceptance of the revised version.
If you do not understand these or any future TOS or if you do not or cannot agree to these or any future TOS, do not use or access (or continue to use or access) the Site.
1. Membership. Sealed Wish offers you the option of joining our site as a member. Membership is governed by these TOS. Membership with Sealed Wish gives you the ability to interface with the Company’s website and Communications Platform and to post or otherwise share content, but does not confer any ownership rights to you in Sealed Wish or the website itself of www.sealedwish.com. Your rights of Membership are those accorded to you in these Terms of Service.
3. Communication Platform. Sealed Wish may offer a Communication Platform and/or other resources at our Site and elsewhere. Sealed Wish may require you to register with us for access to some or all of these resources. You will be prompted at the time you seek to access these resources if registration, renewal, reactivation or payment of any form is required.
4. Sharing Your Content and Information. You may control all of your content and information through your privacy and account settings.
We always appreciate your feedback or other suggestions about Sealed Wish but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
5. Special Provisions Applicable to Account Holders. If you create an account with Sealed Wish for any of our Communications Platform applications, the following additional terms apply to you:
a. You are responsible for your profile and its content and all uses you make of the Communications Platform. This includes ensuring that your Administrator and Recipient information remains as current as possible.
b. Your use of Sealed Wish, will be limited as follows:
i. You must designate four (4) Administrators/Activation Key Holders. In the event of your death, the Administrator/Activation Key Holder is the person that will contact us through our Site to unlock your profile and release your stored messages and other materials (“Administrator” or “Activation Key Holder”). The Recipients are the individuals that are the Recipients of your messages, videos, gifts, or other item on the Communication Platform (“Recipient(s)”). The Backup Contacts are the individuals that are a secondary contact source if the designated Recipient/s are unavailable (“Backup(s)”).
ii. You must provide us with as detailed information as possible on your Administrator, Recipients and Backups. You must keep this information current, so that we may do our best to track down these individuals in the event of your death.
iii. Upon your death, your Administrator must contact Sealed Wish to make us aware of your death. Upon your death, your Administrator/s shall enter their Activation Key in our Site. There will be a “Double Key Authentication” process upon only receiving one valid Activation Key. If applicable we will notify the remaining Administrators and instruct them to complete your activation if they can confirm your passing/death. Upon receiving a minimum of two Activation Keys we will unlock your account and proceed to disseminate your messages and other items on your Communication Platform.
iv. You should make your Administrator/Activation Key Holders aware that you have created a profile with Sealed Wish.
v. You may change Administrators or Recipients at any time by updating your profile. We will not contact old Administrators or Recipients.
vi. Our fees for service, maintenance or other items may change without notice to you or your Recipient.
vii. If your account remains inactive by virtue of non-payment for greater than two (2) years, Sealed Wish may delete your information and account.
viii. Except as set forth in Section 20(b), any content placed on the Communications Platform shall become the property of Sealed Wish, and Sealed Wish reserves the right to charge for the dissemination of such content as specified below.
c. Our services will be subject to the following specifications:
i. Audio/Visual: If you create or store audio and/or visual material with us, your Recipients will either view or stream such audio/visual material on a one time basis and they receive a permanent copy of such material by way of audio CD or video DVD upon an address verification. Additionally, they may purchase additional copies in CD or Flash drive format at an additional cost is desired.
ii. Written/Typed Messages: If you create or store written material with us, whether stored in person, photographically, electronically, or otherwise, your Recipients will receive a permanent professional printed copy of such material, the specific items received are determined by the package purchased by you and assigned to your Recipient as part of your Sealed Wish.
iii. Products: Sealed Wish may offer but is not obligated to offer for sale at any given time, products including but not limited to flowers (deliverable to a Recipient upon your death), butterfly release events (deliverable to a Recipient upon your death), honorary tree plantings (in accordance with our terms then in effect). In the event that you purchase a product which requires delivery or conveyance upon your death, Sealed Wish reserves the right to substitute a similar but not exact product than the one placed at the time of the order. Sealed Wish will make all reasonable efforts to deliver or convey the product ordered, but may need to make reasonable substitutions as caused by pricing, regional availability, market availability, or discontinuance or limited quantities of the item you purchased.
iv. Upon your death, once your account has been unlocked by your Administrators/Activation Key Holders, Sealed Wish will notify all of your assigned Recipients and will notify them that you have left a message/product or other item for them through our website. If for any reason your chosen Recipient of such service or product does not wish to receive such service or product, Sealed Wish will make no further communication with such Recipient and is under no obligation whatsoever to attempt to reconnect with such Recipient, store such information designated for such Recipient or otherwise ensure delivery of such service or product. Sealed Wish is under no duty whatsoever to locate your Recipients. Sealed Wish will make reasonable attempts to contact your Recipients at their last known contact information, along with your designated Backup Contact but it is your responsibility to update their information on your account profile.
d. Fees/Payment: Sealed Wish may publish on its site, or by any other reasonable manner, the fees for its products and services available through the Site. Sealed Wish may alter such fees and accepted methods of payment at any time without prior notice to you.
e. Your account may be terminated in any of the following manners:
i. If you voluntarily terminate your account;
ii. If Renewal/maintenance payments are not received by Sealed Wish in accordance with Section 13;
iii. You violate any of these TOS.
f. You will comply with all applicable laws. In particular you will (if applicable):
i. remove infringing content in a manner that complies with the Digital Millennium Copyright Act.
ii. comply with the Video Privacy Protection Act (“VPPA”), and will obtain explicit, opt-in consent from users prior to sharing with Sealed Wish user data subject to the VPPA. You acknowledge Sealed Wish has no obligations under the VPPA.
g. Estate Planning: Sealed Wish disclaims any and all liability with respect to your personal estate planning. Creation of an account with Sealed Wish does not create, modify, or revoke for you a will, trust, power of attorney, health care directive or other estate planning document. You should not assume that any information you convey to others through the Communications platform has any binding legal effect or creates a legally binding directive for a third party, including but not limited to your heirs, executrices or beneficiaries. You are advised to seek the advice of a licensed attorney to prepare your estate planning documents. Sealed Wish does not guarantee that any wishes, desires, demands or other messages conveyed by you to others through its Communications Platform have any legal effect whatsoever. The legal effect, if any, of such wishes, desires, demands or other messages conveyed by you to others through its Communications Platform will be governed by state law, including but not limited to the state of your domicile, situs of property, or other. It is recommended that you consult with an attorney to prepare your estate planning documents. Sealed Wish should not be relied on for such purpose.
h. To ensure your information is safe for other individuals, we can audit it.
6. Account Information. You must provide valid and accurate registration and account information, and you must keep your information up to date, particularly the following:
a. For your account: Email address, phone number, mailing address(es), date of birth (DOB).
b. For your Activation Keys: For each of the your four (4) Activation Key Holders, Email address, phone number, mailing address(es).
c. For your Recipients/Access Keys: For all of your assigned Recipients, Email address, phone number, mailing address(es).
d. For your Backup Contacts: For all your assigned Backup Contacts, Email address, phone number, mailing address(es).
Sealed Wish does not verify, investigate or otherwise attempt to determine that your Recipients, Activation Key Holders or Backup Contacts are of the age of majority and/or have the legal capacity to accept gifts or other content set forth in the Communications Platform. Sealed Wish does not collect date of birth information for your Recipients, Activation Key Holders or Backup Contacts, and is not under the obligation to safeguard, control or otherwise segregate or designate information related to minors.
You will not transfer your account to anyone without first getting our written permission. We may refuse, suspend, or terminate your membership and/or your access to some or all of our Site and services if you fail to comply with these TOS.
7. Sharing of Account Information. You should make your Administrators/Key Holders aware of your account with Sealed Wish so that they may update you with their contact information so your Sealed Wish are accurate and that they may be reached in the event of your death. You are responsible for any use or misuse of our Site and/or your membership account that is undertaken by someone using your username and password (unless such person improperly obtained your username and password from us). If you believe that your username or password has been improperly obtained by a third party, please contact us immediately at email@example.com so that we may take proper security measures.
8. Minimum Age. You must be at least eighteen (18) years old to purchase a membership or use this site to create your own Sealed Wish, and by using the Site, you represent and warrant that you are at least eighteen (18) years old. Any use of the Site, including any registration or attempted entry into membership, by anyone under eighteen (18) years old is unauthorized and is a violation of these TOS.
9. Safety and Security. We do our best to keep Sealed Wish safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
a. You will not send or otherwise post unauthorized commercial communications (such as spam) on Loving Plans.
b. You will not collect users’ content or information, or otherwise access Loving Plans, using automated means (such as harvesting bots, robots, spiders, or scrapers).
c. You will not upload viruses or other malicious code.
d. You will not solicit login information or access an account belonging to someone else.
e. You will not do anything that could disable, overburden, or impair the proper working of Loving Plans, such as a denial of service attack.
f. You will not facilitate or encourage any violations of these TOS.
g. You may not use any malware including but not limited to viruses, Trojan Horses, or trap-door program code.
10. Content Restriction.
a. You will not post content that is hateful, threatening, pornographic, obscene, indecent, vulgar, or that contains nudity or graphic or gratuitous violence, or abusive, hateful, degrading, demeaning, derogatory or defamatory material which pertains to race, color, religion, national origin, age, gender, sexual orientation, disability or any other legally protected classification.
b. You will not offer any contest, giveaway, or sweepstakes (“promotion”) on Loving Plans.
c. You will not use Sealed Wish to do anything unlawful, misleading, malicious, or discriminatory.
d. You will not post anyone’s identification documents or sensitive financial information on Sealed Wish.
e. You will not post material containing content regarding or in any way related to self-inflicted dangers or dangers to others including but not limited to drug usage, suicide, crime of any nature.
f. You will not post material protected by copyright laws, or if you post material protected by copyright laws such use is lawful.
11. Communication Platform. Sealed Wish may offer a Communication Platform, and Sealed Wish reserves the right to charge fees for access to some or all of it. Sealed Wish may add, remove, and/or change content, functions, features, and/or services associated with the Site and/or the Communication Platform at any time and without notice. Sealed Wish maintains the Site (including the Communication Platform) for your personal information and for your designated Recipients, Backup Contacts and Activation Key Holders to either activate and access the plans you prepared. You are permitted to use the Site for this purpose. It is strictly prohibited to use the Site or any content (including the text, images, audio and/or video) of the Site for any other purpose, including any public or commercial purpose, without our express permission. It is strictly prohibited to reproduce, distribute, modify, transmit, publicly display, reuse, re-post, or “frame” the Site or any content of the Site without Sealed Wish, prior written consent. All rights not expressly granted by Sealed Wish in these TOS are reserved to Sealed Wish and/or its licensors, as applicable.
12. No Representation of Accuracy. Sealed Wish does not control the information and/or data posted by any users of the Site, and we do not vouch for the accuracy, integrity, or quality of any such information and/or data. Sealed Wish does not endorse any opinions expressed by any users of the Site. We do not undertake any obligation to monitor the information and/or data posted by any users of the Site, and our removal of information and/or data in specific circumstances shall not be deemed a general undertaking to monitor.
13. Supplementation of TOS. You acknowledge that Sealed Wish may establish day-to-day operational practices that supplement these TOS, and Sealed Wish may implement and change these practices from time to time with or without notice. Such practices may include, for example, periodic deletion of information posted to the Communication Platform and the inactivation of your account if you are inactive for an extended period of time.
14. Deactivation of Account. If your account is overdue on payment for a period of up to six (6) months, Sealed Wish will still keep your account active and will distribute your content to your Recipients in the event of your death during such period. If your account is overdue on payment for greater than six (6) months, but less than twenty-four (24) months, your account shall be placed in non-payment status, and you must pay the then current fees to reactive your account. Your content will not be distributed to your Recipients if your account is in non-payment status. If your account is overdue on payment for greater than twenty-four (24) months, Sealed Wish may terminate your account and delete your content.
15. Trademarks. The term Trademarks means all registered and common law trademarks, service marks, trade names, trade dress, logos, Internet domain names, and other indications of origin owned by Sealed Wish, whether currently or in the future.
a. The look and feel of the Site, including the Communication Platform, as well as all page headers, graphics, button icons, and scripts, is the proprietary trade dress of Sealed Wish and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Sealed Wish.
b. Nothing contained herein grants or shall be construed to grant you any rights to use any Trademarks, including without limitation as a domain name or part of a domain name or as a metatag, keyword, or other type of programming code.
c. All other trademarks, service marks, logos and the like that are used or appear on the Site are the property of their respective owners. Reference on the Site to any product or service by name on the Site does not constitute or imply endorsement, sponsorship, or recommendation of the product or service by Sealed Wish, unless expressly so stated.
d. You may not use any of the Trademarks to create a link to the Site without the prior written consent of Sealed Wish.
16. Protecting Other People’s Rights. We respect other people’s rights, and expect you to do the same.
a. You will not post content or take any action on Sealed Wish that infringes or violates someone else’s rights or otherwise violates the law.
b. We can remove any content or information you post on Sealed Wish if we believe that it violates these TOS.
c. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
d. If you believe that your copyrighted work appears on the Site in a manner that constitutes copyright infringement, please notify us and provide all of the information set forth in the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3). We will promptly follow the take-down procedures set forth in the Copyright Act, and we will notify you of any counter-notice that we receive. Our designated agent for receipt of these notices is firstname.lastname@example.org.
17. Special Provisions Relating to Product Endorsements. If you use the Communications Platform to express opinions about products or services, and you are being compensated to express those opinions, you may be considered an endorser. The following additional terms apply to endorsers:
a. Your postings must express your honest opinions, findings, beliefs or experience.
b. You may not convey any express or implied representation that is deceptive, or express any false or misleading claims.
c. If you represent that you use the product or service in question, you must be an actual bona fide user.
d. You must clearly and conspicuously disclose if you are receiving compensation for providing your endorsement, or if you have any other commercial relationship with the manufacturer or provider of the product or service in question.
18. Special Provisions Relating to Users Outside of the United States. We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
a. You consent to having your personal data transferred to and processed in the United States.
b. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on Sealed Wish (such as advertising or payments) or operate a Communications Platform application or website.
19. Restriction and Termination of Use. Sealed Wish may block, restrict, disable, suspend or terminate your access to all or part of the Site at any time in Sealed Wish, discretion, without cause, without prior notice, and without liability to you.
20. Limitations and Disclaimers.
a. THE INFORMATION FROM OR THROUGH THIS SITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SEALED WISH WILL BE SAFE OR SECURE, OR THAT THE SITE WILL FUNCTION PROPERLY, IN A TIMELY MANNER, SECURELY, OR UNINTERRUPTED. THE SITE IS NOT CURRENTLY OPTIMIZED FOR MOBILE USE AND MOBILE USE OF THE SITE MAY IMPAIR FUNCTIONALITY. SEALED WISH IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES INCLUDING ITS USERS. NONE OF SEALED WISH, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS, ADVISERS, AFFILIATES, SUBSIDIARIES, AND ITS THIRD-PARTY PARTNERS IS OR WILL BE LIABLE TO YOU OR THE INDIVIDUALS YOU DESIGNATE ON YOUR ACCOUNT FOR ANY HARM ARISING OUT OF YOUR ACCESS TO OR USE OF OR OUT OF YOUR INABILITY TO ACCESS OR USE THE SITE. THE INFOMRATION MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION, FOR ANY REASON, AND USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE INFORMATION RECEIVED (IF ANY). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE). WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATIONS OF DAMAGES ET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
b. Sealed Wish makes no warranty that the Site or its content shall perpetually exist or exist beyond the date of your death. In the event that Sealed Wish is sold, assigned, merged, dissolved, converted or otherwise restructured such that the operation of the Site shall not continue, you will be notified at such time by Sealed Wish and you shall receive a reimbursement for the products you have purchased to date. You shall have twenty four (24) months from such notification to retrieve any information, messages, videos or other content posted on the Communications Platform. In such an event, any content retrieved by you shall cease to be the property of Sealed Wish.
c. The Site may contain links to third-party sites. Sealed Wish has not reviewed all of the third-parties to which the Site may be linked, and Loving Plans is not responsible for the content of any of those sites. The presence of links from the Site should not be construed as endorsement, sponsorship, or approval of those sites. Use of those sites is at your own risk and subject to the terms of service that govern those sites. These third party sites may also contain opinions and viewpoints of third parties that do not necessarily coincide with our opinions and viewpoints. Those sites may also have privacy policies different than our policy.
d. Linking to the Site. You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
21. Indemnification. You agree to indemnify, defend, and hold harmless Sealed Wish, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries, and its third-party partners from and against any loss, injury, liability, claim, demand, damages, costs and expenses, including reasonable attorney fees and costs, arising in any manner out of or in connection with your use of the Site, including without limitation as a result of content you post to the Communication Platform.
22. Other Terms.
a. These TOS constitute the entire agreement between you and Sealed Wish relating to the subject matter hereof, and they supersede any prior agreements between you and Sealed Wish relating to the same. The failure of Sealed Wish to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these TOS is held invalid, the remainder of the TOS shall continue in full force and effect. If any provision of these TOS shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TOS and shall not affect the validity and enforceability of any remaining provisions. Any amendment to or waiver of this Statement must be made in writing and signed by us. You will not transfer any of your rights or obligations under these TOS to anyone else without our consent. All of our rights and obligations under these TOS are freely assignable by us in connection with a merger, acquisition, or sale of assets, sale of stock or voting units, or by operation of law or otherwise. Nothing in these TOS shall prevent us from complying with the law. These TOS do not confer any third party beneficiary rights.
b. These TOS and the relationship between you and Sealed Wish shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws provisions. Any dispute arising out of or in connection with these TOS shall be heard exclusively by the state or federal courts sitting in Pennsylvania. You hereby submit to the personal jurisdiction of those courts and waive any objection as to venue or the convenience of those courts.
c. If you are a member or registered user, any legal notice relating to these TOS shall be sent to the email address associated with your account. Any legal notice to us shall be sent to email@example.com.